The minutes of the Rezoning Hearing of the Town Council of the Town of James Island held on Tuesday, October 21, 2003 at 5:30 p.m. at Town Hall, 1246 Camp Road.

The meeting was called to order by Councilman Joe Qualey.  He then introduced Councilmen Bill Wilder, Bill Woolsey, and Mayor Mary Clark.  Also present were attorney, Mike Socha, and Clerk, Marie Copeland.  After introductions, the Pledge of Allegiance was recited.

Mr. Qualey welcomed those present and stated that the meeting was being held in compliance with the regulations of the Freedom of Information Act and according to Robert’s Rules of Order.  Proper notice has been duly given.

Mr. Qualey explained the procedures which were to be followed.  He stated that the applicant would be allowed 5 minutes to present his proposal, those in favor and those opposing would be allowed 3 minutes to state their opinions and that these time limits would be adhered to. Councilman Qualey stated that Town Council will make its recommendation at tonight’s meeting which will conclude this matter. 

Andrea Pietras (Charleston County) presented Rezoning Case #3213 –a-b-c located at 934, 928, 938 Folly Road.  This is a request to change from Low-Density Suburban Residential (RSL) to Planned Development (PD); the applicant is the Piedmont Company.  Ms. Pietras explained that single-family residences are on each side of the parcels.  Parcels on the north are zoned as General Office and to the south are parcels zoned as RSL (the location of Calvary Baptist Church).  All of these parcels are close to the intersection of Camp and Folly Roads and are surrounded by Community Commercial properties.  The Planned Development guidelines are requesting for two structures to be placed on the parcels – (1) a professional office building (not to exceed 6,000 sq. ft.); and (2) a retail store (not to exceed 14,000 sq. ft.). There will be less than 15% building coverage on the parcels, architectural standards will be included, a lighting plan, and screening and buffering will be put in place to protect the adjacent parcels.  The schematic plan was changed slightly per discussions with the Department of Transportation and the County’s landscape architect. Ms. Pietras stated that the applicant, Willie Heffner, of the Piedmont Company, will explain what the changes are during his time to speak.  James Island’s Comprehensive Plan recommends this area for commercial centers.  Development in this area has tended to go towards Community Commercial.  The staff and Planning Commission recommend approval of this rezoning.

Councilman Woolsey asked what zoning category this would fit other than planned development.  Her response was Neighborhood Commercial which allows up to 5,000 square feet of retail space.

Mr. Qualey asked what would be needed if this rezoning passes and future changes were required.  Ms. Pietras responded that it would need to go back to the Planning Commission for the change and then back to Town Council for approval.

Willie Heffner, the applicant, thanked everyone for allowing him the opportunity to present his plan and project.  He then asked Neil Fortune, the architect for the project, to give an overview. 

Mr. Fortune said it was refreshing to have had a client come to him to say they wanted to save a lot of trees.  A tree survey has been done and every grand tree has been saved. All the traffic circulation interior of the site is maintained by buffers: no parking will be seen as you drive down Folly Road. Mr. Fortune noted that the building site meets all site criteria.  This project is called a low impact commercial development; the reason being is that Goodwill will not generate a lot of traffic, unlike fast food restaurants or convenience stores.  Of the building space, 9K is retail space and 5K is warehouse space.  The facility will be one story using complementing colors of brick building.  The lighting will have no spillover onto its neighbors and all existing buffers will be maintained. The site plan calls for a future connector to the adjacent Church, which will allow for overflow parking.

Mayor Clark asked how much buffer is on the back between the neighborhoods.  The response was 25 feet. There is an existing wall there, which will be maintained, and all existing vegetation will be left alone.

Bob Smith, President of Goodwill Industries reported that Goodwill wants to project a more professional image on James Island.  James Island has been the home to Goodwill Industries for the past 20 years and is now looking for a permanent home in a professional environment. During the past 20 years, over 1300 people were provided direct services within the Town of James Island.  This year training and employment services were provided for 344 people on James Island, also 37 persons from the James Island area are employed on a daily basis at stores and governmental contract services around the area.  Goodwill Industries is one of the largest employers of individuals with disabilities within the State of South Carolina and are looking at their retail program as a means to return revenue back to the community. Goodwill normally returns 92% of every dollar collected back to the community.  Goodwill Industries is working hard to maintain a positive impact on James Island.

Mr. Heffner stated that, when the Planning Commission gave their recommendation for approval on this project, it was given on the condition that Goodwill work with the County’s Site Planner and the SC Department of Transportation to ensure that the site provide the best possible traffic conditions and flow. Mr. Heffner has worked with Joel Evans from the County and David Kinard, SC DOT, asking for their input and ideas.  Mr. Evans studied the site plan and suggested that a few improvements be made which would help from an off-traffic and inner site traffic standpoint.  One thing in the initial site plan was a compactor delivery area in the front of the building. The compactor and delivery area are closed off by a 9 ft. brick wall and a gate.  Even though this area was not visible to the public, it was suggested that it be taken from the front of the building for better aesthetics, to better facilitate incoming traffic off of the highway and to make sure that trucks would be backing in/out of the area.  These issues were addressed and adjustments were made to the building plans to eliminate any affect on the adjoining neighborhood and for better control traffic.  Another consideration was to consolidate the curb cut; it was initially a split curb cut divided by a grand tree.  The tree has not been affected and remains in place.  The curb cut has been moved back approximately 50 feet from its initial location away from the intersection and put at its optimum point on the site itself.  David Kinard was also contacted and reviewed all of the changes.  Mr. Heffner said Mr. Kinard and Evans have given their full endorsement to this project and felt that all the concerns have been addressed. Mr. Heffner said that both he and Mr. Kinard felt this was a redistribution of traffic on the island – not adding additional traffic; the reason being that Goodwill already exists on the island, and in fact, is moving across the street on a temporary basis upon the approval of this project.  The office building will not bring new or additional traffic onto the island since retailers already on the island may want to move into a nice facility to provide a better image for their business.  Those occupying an office space most likely will be dentists, doctors or attorney, light retail or boutiques, no drive-thru or restaurants. The developers have worked diligently with Mr. Evans of the County and Mr. Kinard from the SC DOT to obtain their full endorsement of this project. 

Mike Schmitt came forward and announced that he spoke with the attorneys on the adjacent site, Mr. Bo Wilson.  Mr. Wilson had been initially concerned about having this facility in the area.  However, after he reviewed the site plans, buffering, etc. he has expressed his support for this project.  Calvary Baptist Church Pastor Wiggins has expressed his support, and an easement has been offered for the Church’s parking overflow.  This is strictly under his control to be used how and when he chooses. 

Councilman Wilder asked and it was confirmed that the Goodwill Store on Maybank Highway will be relocating to a temporary store in the Folly Road Shopping Center in the next several weeks.

Mayor Clark asked if there was any hope that the Church would leave the driveway open permanently.  Mr. Heffner said they are willing to keep it as an open easement all the time if the Church is in agreement with it.  The Church has expressed an interest but has not had any formal meetings to say yes or no.  Mayor Clark expressed that, at the Commission meeting, no left turn onto Folly Road was discussed as one possibility; if this occurs, there should be another way to get out.  She would like to see the Church leave it opens all the time.   At this time, it is a controlled access but if the Church will allow it, Goodwill would like to make it a totally open access.  The Church would like to have the ability to use for overflow parking for its services on Sunday and Wednesday. 

Goodwill opens at 10:00 a.m. and closes at 8:00 p.m.; the traffic count within the store is not huge, normally less than 200 and averages about 150 per day.  Mayor Clark asked if the driveway is in the middle of the three properties.  The answer was yes. Mr. Heffner also stated that there are currently 3 curb cuts on the site to the existing homes but they will be reduced to 1. 

Leonard Blank stated that, in checking the minutes from the Planning Commission Hearing, this plan was approved with conditions; one condition was for a right egress only from the parking lot. Mr. Heffner stated that he was not aware of right egress declaration, for which he apologized.  Mr. Blank also noted that the right egress was drawn in by Frank Toland from Charleston County staff; he said the Planning Commission was very concerned about the lane in the middle of Folly Road with all the traffic and congestion there.  Mr. Heffner stated that he has no objection to this if it is the wish of the Planning Commission and Town Council for Goodwill to do this.  Mr. Socha said if it is the wish for this to be done, that it should be made clear.  Mr. Qualey agreed and said it would be dealt with as the meeting moves forward.

Mr. Qualey asked if a formal agreement had been entered into with Goodwill.  The answer was yes.  Mr. Qualey asked if there was a lease.  The response was that it was not recorded as of yet, but there is a memorandum that acknowledges it. 

Mr. Qualey asked the terms of the proposed lease.  Mr. Heffner responded that it was 15 years solid upfront.  Mr. Qualey then asked the size, for example, of an office for a dentist.  The response was that within the development plan, this would be the second phase - and that, it may not be built initially unless a solid tenant was identified to move into the space.

Those in favor of the project were allowed to speak at this time. 

David Anderson came forwarded and commented that he has lived on James Island since the mid 80’s; he lives one mile from the proposed site.  He was a member of the Board of Goodwill for approximately 12 years and is in total support of having Goodwill here. Goodwill is an organization that gives back to the community, approximately 92% as was stated earlier.

Those in opposition of the project were allowed to speak at this time.

Henry Musee, 965 Mooring Drive, James Island.  Mr. Musee commented that it was good that the meeting started at 5:30 p.m. because it took 20 minutes to turn onto Camp off of Folly.  He shared comments made by several Council members when they ran for office that their platform would be to reduce traffic and development on the island.  He also referred to a map by the Council of Government, which showed a study of automobile traffic on the island; the intersection of Ft. Johnson and Folly shows 30,000 cars per day and the intersection of Camp and Folly is closer to 49,000 per day.  To propose a change that would allow for an increase of traffic in this intersection is ludicrous.  The perception of “low impact” has everything to do with where you live and drive.  He felt this proposal was twice the size of the Goodwill on Maybank Highway.  He felt the move was to increase business and increase serves clientele… more people and more cars.   He felt that to approve this project would add more traffic onto the island.

James Richter, 923 Bradford, James Island, presented a petition with 89 names to deny the rezoning request.  He and the petitioners felt that Goodwill’s presence on the island would be detrimental to the traffic flow as well as the aesthetic value of the property. 

Mr. Wilder asked if the signatures represented residents of the town only or city residents included as well.  Mr. Richter responded that both town and city residents signed petitions.

Marcy Fuller, 922 Bradford, James Island, collected some of the names in Centerville.  The main problem is traffic.  Adding another commercial building on the island would be to increase traffic on that corner.  There is flooding on the corner when it rains and no one can turn left or right.  She felt it would be detrimental to traffic to have the Goodwill here.

The applicant was invited to give final arguments.  Mr. Heffner stated that they have taken the directive from the Planning Commission who has approved the project.  In addition, the Commission has requested that they work with County Staff and SC Department of Transportation for input/direction.  They have given consideration as to how the surrounding area would be impacted. The residents adjoining Folly Road have been contacted and have pledged their approval as well as support.  Mr. Heffner said they wanted to make sure concerns from property owners in the rear of the property were addressed.  There is a 25-foot very dense buffer, low-density lighting (including reflective lighting) and the area along Folly Road has been designated as commercial quarter overlay.  They have taken this commercial quarter overlay and used a very defined Planned Development document to make sure that they did not develop the property in such a way that it could be used for any purpose; it is spelled out as to what the development will be and how it will be developed.  They recognize the fact that traffic is an issue in this area but it is believed that additional traffic will not be created; Goodwill already exists on the island doing business.  There are many smaller homes and older buildings which are used as offices and retail space that are looking for improved structures to operate from; to be able to drive into a planned development type project such as this would eliminate many of the scattered offices.  Planned Development would more efficiently facilitate the flow of traffic. 

Bob Smith added that Goodwill is currently housed in 6,000 square feet and moving to a facility that has 9,000 of retail space.  The remainder of the space is used for the processing area of the store; they do not foresee any more than 175-200 customers per day at the new site.  No direct services will be provided at this location; it will be retail only. 

Marcy Fuller commented that the current location of Goodwill on Maybank and Folly Road has two entrances.  This is not so with the proposed location, thereby causing traffic congestion.

In closing, Mr. Heffner restated that Goodwill has been located on James Island for many years giving back to the community.  He stated that all the requests by the Planning Commission had been adhered to.  They are agreeable to having a “right turn only”, if this is the wish of the Planning Commission and Council.

At this time Mr. Qualey announced that the public hearing session was closed.  He then asked for a motion regarding the proposal.  Councilman Woolsey made a motion to accept the rezoning but withdrew the motion because there was no ordinance.

Councilman Wilder made a motion that the proposal be accepted as described by the developers, which was seconded by Mayor Mary Clark for discussion.

Councilman Wilder asked when the resolution would be available.  Attorney Socha said at the next Town Council meeting on November 4^th.  Mr. Socha advised that a vote did not have to take place tonight. 

Councilman Woolsey commented on road cuts that the buildings would present; the alternative is 3 Office/Residential sites with 3 road cuts. Although traffic is an issue, the development is nice.

Councilman Wilder said he appreciates that the trees have been preserved.  He is aware of the traffic and flooding problems in this intersection; however, this area has already been approved for commercial property.  He liked the idea of having Goodwill on the island.

Mayor Clark is a supporter of Goodwill and taking 3 lots and making a nice development such as this.  She is also a supporter of having less traffic on Folly Road.  She said her pledge is to the neighborhood and always has been.  She wants to make sure that the residents who live behind the project are protected and that they are satisfied with the outcome of our decision.  How can a right turn only be enforced?  She would like to see the Church open their driveway permanently. Some people shopping at the Goodwill may not feel comfortable going into the traffic on Folly Road.  Mayor Clark expressed that she would like to see these things happen. Mr. Heffner stated that he could not guarantee the Church’s position in granting an opening full-time.  He stated that it would be pursued in a diligent matter and that the Town would be copied on correspondence in order to be up-to-date with information.  As far as maintaining buffer and density, he said there was already a very dense buffer there, along with a wood opaque fence at the back of the property; they are also willing to put a second fence along the parking area so that no buffers are disturbed.

Mr. Qualey gave his comments referencing the candidates’ profiles that were quoted earlier in the hearing.  He stated that he had run on the platform to reduce traffic and density on James Island. He felt we need to weigh out the type of businesses that we want on the island. He voiced his agreement with Councilman Woolsey’s points in that these are 3 lots which have been zoned as Office Residential by consolidating and creating one entrance and exit may minimize some of the impact if 3 offices are there.  Mr. Qualey stated that he feels the plan is very sensitive and Goodwill has made it clear that they have made a commitment for 15 years which gives a sense of stability on James Island for a business that doesn’t come in and take.  He felt it was a good alternative to leave it as 3 lots.  Mr. Qualey recognized the work of the Planning Commission.

Attorney, Mike Socha stated that the Comprehensive Plan recommends the district for Office Residential but it is currently zoned is Low Density Suburban Residential.

Councilman Wilder amended his motion to add the right turn only; the motion was seconded by Councilman Woolsey. 

Councilman Qualey restated the amendment, which is to require a right turn only egress.  Vote:  Councilman Qualey – aye, Councilman Wilder – aye, Councilman Woolsey – aye, Mayor Clark – aye – (1 absence – Councilman Williams)

Vote on amended motion:  Councilman Qualey – aye, Councilman Wilder – aye,

Councilman Woolsey – aye, Mayor Clark –aye (1 absence – Councilman Williams)

Mr. Qualey announced that there would be a second reading at the November 4^th Town Council meeting.

There being no further cases to be heard, the public hearing adjourned at 6:35 p.m.